CCA Request - what to do next with Barclaycard

LetMeOut_2

Hiya,
I am new to the forum, I have been lurking for a few weeks, but now have a question to ask, so if anyone can help, that would be much appreciated!!!

I recently sent off CCA requests based on a template letter (which I think I got from another website linked to from this forum) with the following text:
"With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act."


Anyway, today I got a letter from one of my creditors, Barclaycard, enclosing a copy of the "executed agreement" as they called it, and a statement of my account. That wasn't quite what I was expecting - I kind of thought that I would be getting a copy of my signed CCA.

I should add, all my debts were taken out between 2000 (like this one) and 2004.

Any suggestions as to next steps woud be great, and thank you in advance for anyone who can help!!!

Thanks

:-)

GeorgeUK

This may help.
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

To see what should be on the credit agreement (the prescribed terms), scroll down until you see "free tools" in green on the right and the links are round about there in the post.

LetMeOut_2

Thanks George UK.

How do I go about getting them to send me the signed credit agreement, as that is what I thought I had actually asked for?

Will have a look at that link now :-)

Best wishes

stapeley

OKAY , alot of people are getting muddled with the whole CCA thing .

In the past , when a credit card was taken out , a application form was filled in, and sent to the card company.
What should of happened was , checks made on the applicant , account approved or not.
A Consumer Credit Agreement should then have been sent out , containing the prescribed terms as laid down by the CC ACT. These agreements should be in a standard format as described in CCAct.
What did happen was , cards were sent out before an AGREEMENT was signed and returned .In some cases the Agreements were incorrectly formulated , which makes them possibly unenforceable by a court .
When the consumer gets into financial difficulties , some banks get fed up waiingt for their money , they SELL the account to a DEBT COLLECTION AGENT.

However , some times the CCA is LOST in the system . Therefore the DCA can not enforce the debt .
Sometimes they only have a application form , again this can not be enforceable.
In many cases the format of the so called CCA is not correct . Again unenforceable .
HERE IS THE HARD BIT . It is very very differcult to say for certain that the CCA IS INCORRECT , and even courts get it wrong .
You take your chance !

Miss_Marple_2

Like you, I'm just going through the process, but for the creditor to fulfill a CCA request, it does not have to be signed, but it does have to be the one in place when you opened the account.

Check the late payment charges - if it's £12, then it's unlikely to be the one in place at the time. So they would still in default.

In this situation I sent a letter saying they were still in default as the CCA was incorrect and I also asked them to confirm in writing whether they had an executed agreement. They then confrimed to me that they hadn't

GeorgeUK

Letmeout, making a cca request under 77/78 if the 1974 Act does not mean tou will get a photocopy of the original document. If you wanted this you would need to send a subject access request (cost £10) and specify that you wanted a copy of the original credit agreement. The copy should then have the signatures and everything else on it.

A CCA request should get you a copy of the agreement, without signatures, as later legislation stated that this was not required for a requested copy but still required in court. That link should explain the how's and why's.

LetMeOut_2

I've just had a proper look at what they sent - they say for a statement of account I have to contact some other department because my account is in recovery, but what they have sent is a copy of a leaflet containing their terms and condition from 2000 when I took the account out. It is rather a poor copy, I must say and I had to peer at it for some time to manage to make out some of the words.
Is that the credit agreement then?
I will try to scan it in but my printer is not a happy bunny at the moment so I may not be able to!!!!

If I send a SAR, will they still send me the CCA I signed, even though it was from 2000?

Thanks!

LMO

GeorgeUK

What they have sent you does not sound liek a credit agreement. Does it have the credit limit, repayment structure and APR? If not then this is probably not a CCA.

If you were to send a SAR, and request a copy of the original credit agrement as part of this then they would need to send you a copy of the CCA, complete with signatures, to comply with the Data Protection Act.

LetMeOut_2

It tells you on it that you need to pay £5 or 3%, and it gives the APR and monthly interest; it does not specify the credit limit however, and only says, in the section referring to credit limit:
"From time to time we will work out your credit limit and tell you what it is."

I am going to do a SAR and also ask for details of charges. never know, might be able to claim some money back too!!! Is there a template letter on here, or is it just like the one for the bank charges?

Thanks George, you are a star!!!